Approved Minutes - 1992-10-05 Y� GO'
PLANNING DEPT. FILES
DEVELOP J3?T REVIEW.BOARD MINUTES
•
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C!TY OF LAKE OSVWEGO
DEVELOPMENT REVIEW BOARD
Minutes from October S, 1992
I. CALL TO ORDER
Chairman Stanaway called the meeting to order at approximately 7:00 p.m.
II. ROLL CALL
Hoard members present were Chairman.Stanaway, Mr. Foster, Mr, Sievert and Ms.
Remy. $;card members Mr. Bloomer, Ms. Stiven and Mr. Falconl were excused.
410 IIY. APPROVAL OF MINUTES
Mr. Foster moved to approve the meeting minutes of September 9 1992 approved as
written. Ms. Remy seconded the motion and it passed with Mr. Foster, Chairman
Stanaway and Ms. Remy v tng in favor. Mr Sievert abstained,
IV. PETITIONS AND COMMUNICATIONS none
V. PUBLIC }IEA►1IN0
PD► 2-92/VAR 6-92(a-b), a request by Land Development Consultants for Approval of
a 55-lot single family residential planned development and two variances, including a
variance to LOC 44.390 "Length of Cul-de-sacs and Dead-End Streets" and a variance
to LODS.4.020(2)(a) "Development within wetlands". The site is located south of
Ch:!ds Road and north of Dogwood Drive betweetti Sycamore Street and Canal Road
(Tax Lots 100 & 101 of Tax Map 2 1E 19A1:) and Tax Lots 400, 500, 6a00, 700, 800
and 900 of Tax Map 2 1E 2013C), Staff Coordinator is IIamid Pishvaie,
Development Review Planner. This item is continued from September 23, 1992
40 DRB Minutes of October 5, 1992
Page 1 of
77
Aft Chairman Stanaway asked the Board if there were any ex parte contacts or bias,
There were none,
Staff Report
Mr. Pishvaie stated that all'Board members should have received Exhibits 83-112 r
Mr. Pishvaie briefly discussed what the new exhibits were,
Mr. Foater asked Mr Pishvaie if the City had any information on whether the property
was on the market for purchase. Mr. Pishvaie stated that he wash*t aware of any
information"in regards to this fact.
Opponents,
Christine Roth.189S1 Indian Springs of d.duke Oswego, said that she wanted to
address the impact that this development would have on the school system, Ms. Roth
said the school system is currently over crowded and this project would give
approximately 143 additional students to educate. Ms. Roth,said that all students
would require bussing because of the crossing of Childs Road. Ms. Roth felt this
would cause the school boundaries to be redrawn and this would be the fourth re-
districting in 10 years, Ms. ;Roth stated that there would be approximately $240,000 in
tax revenue from the development for the school system and it would cost
approximately F781,000 to educate the students; that would leave a net loss of ;.
$540,000.
Vivian Scheana, 4660 S. ,mod Drive, Lake Qs' ego% stated that Exhibit 4l,
the Riverview l''ark subdivision floodplairt impact analysis hatr some errors. Ms.
Scheans stated;that floodplain was along Canal Road, not the wetland. She discussed,
some figures she felt were incorrect. Ms ,"Scheans stated that the last big flood was 25
years ago when 1' to 2' of water crossed over Sycamore into this property. She stated
that in the 15 years she has lived there, the area has had a few feet of water covering
it when there have been heavy rains. Ms. Scheans stated that these houses should be
1' above the 100 year floodplain, be eligible for flood insurance, the houses shouldn't
have flooded yards everytime it rains and that the houses shouldn't be so close
togetNIr that they cause the houses in Rivergrove to flood. Ms. Scheans said that due
to PRMA's figures for floodplain areas it is reasonable to assume that this property
will flood when the rains return to normal. Ms Scheans discussed how to rid the area
of reed-canary grass by planting trees along the edge of the meadow. Ms, Scheans
told the Board that there was not a storm sewer system in the area and that ail
properties were on septics,
DRE Minutes of October 5, 1992
Page 2 of 6
LL 4j I,�
LEEIS11$1141.14111014.4 SOU
Woods`:CoMPresidettt%stated that she was also representing 367 individuals that had-
signed a petition, Ms Emmons stated that they strongly insist that the City of Lake
Oswego purchase the property and designate it as a natural resoturce and open space
for public use. They were concerned that the Indian Springs were going to be affected
by this development. She said that the BSBE analysis in Mr. Moors's presentation
was incomplete, Ms. Entmons referenced Exhibit 85 which states that wetlands are
being lost, at a very rapid pace and that soon the state will have used the majority of
the wetlands. She stated she also had a concern of water source because no one can
specifically identify where the water source is, Ms.'Emmons walked the property with
the archeologist and found an area that is approximately a),5' in diameter with rocks
and felt this area was over 150 years old,and could be fr n an Indian scene. They are
requesting that an ethnographic study be done on the area. Ms. Emmons stated that
firs area has never been studied for historical s gnif icance r M Emmons submitted
two letters into the record,
Sheryl pundersanl 1 596 River Run Drive, Lake Osweeok stated that she had given
the Board copies of the Metropolitan Owen Spaces Map taken front the Metropolitan
Green Spaces Master Plan Book, dated April 19, 1992. Ms. Gunderson stated that
according to the City's Comprehensive Plan this area was protected as a Natural
410Distinctive Area.
Acrry I'olbro*,r 1A290,1tedwi1t',V9iirtr Lake Oswego%relinquished here time to
i3ob Ellison,
Bob ERi54n11 673 lrt4Vr gun rise, ,ake,Q vegO.stated that the application is
incomplete, inaccurate and violates !idle City's Comprehensive Code, lie\stated that
when the applicant met with neighl ors he reviewed earlier plans that did not request
variance for development within wetlands. He stated that he has seen three ldnds of
foxes and coyotes in this area, Mr. Ellison discussed Exhibit 73, the Natural Resource
Commission's recommendation, Mr. Ellison said that if a fence is put up as the Lake
Corporation has'requested it will destroy the Canal goad wildlife and violates the
Comprehensive Plan. Ile stated that the applicants failed to identify potential historic
sites on the property. Mr„ Ellison submitted to the Board photographs of a foundation
site located on the property. He had been told that several unidentified pits on the
property could have been ancient Indian sweat lodges. Mr.Ellison said that the
applicant hired Mrs. Darby, the archeologist, for a survey and research phase net to
exceed four hours, Mr, ,Ellison said that he would like to see this application rejected
and any further application be required to have a full cultural resource inventory
attached to it, Mr. Ellison requested that the record remain open for 14 days so they
cot!ld receive additional written data from consultants
D128 Minutes of October 5, 1992
Page 3 of
Gregory Wiest, 4029 Brian Court, Lnke Oswego,stated that putting 55 homes in a
INF wetland area would cause the wildlife to re-locate. He said that he was concerned
about the pets, cats and children being right across from a nature preserve. Mr. Weist
said that wetland echo systems reduce flooding, protect shore lines, recharge the
ground water aquifiers and serve as natures kidneys by filtering pollutants from the
water flowing through them, Mr. Wiest stated that in the winter there are ditches on
both sides of the road that are completely filled with water and that some of the water
is still remaining in the summer,
Anna Wiancko, 18866 S.W. Indian Snrino, Lake Oswet►o, relinquished her time to
Mike Seich,
,Mike Selch, 5255 S.W. Childs Road, Lake Oswego,stated that the '92 traffic data,
Exhibit 38, is less that the '87 data presented in the Lake Oswego Comprehensive 1
Plan,
Steven Hartj16044 S.W. Waltrttar Drive, Lake Grove, Chair of Rural Lake Grove
Neighborhood Associatteut 'stated that she hasn't seen mention of mitigation for the
wetland statue and doesn't understand how you can fill a wetland and meet the statue,
Mr. Hart stated that they want to encourage the preservation of distinctive areas and
endangered species. ,Mr. Hart questioned how something could be designated as
protection open space and then be developed. „
Mary Starrett, 19431 1Kokanee Court, Lake Oswego, stated that it would be hard
Jor the Board to make a decision with some of the information still not in. She asked
the Board to give a continuance for at least 7 days so all the information could be in
and a credible decision could be made, Ms. Starrett stated that she believes the
majority of the people that bought homes in this area bought in part due to the
aesthetical appearance
Lynne Black, 17339 Blue Heron 'Rod Lak O. e o h it of the Bitte Heron
Neiehborhood sociati n asked the Board to re-consider the very similar names of
the streets within the proposed development. Ms, Black stated that she disagreed with
the figure of 10% for a traffic increase and asked that the Board look into this further.
Marylon ahaarr, 18040 Rpvice Way, lake Oswego,stated that she was to read a fax
received from the Sierra Club to the Board in opposition to developmett on the
property. Ms. Mahar stated that she would like to ask that the cultural reconnaissance
of the site be conducted by Cascade Geographic Society and would like to have a
weeks extension for the study.
Mien Patterson, 18926 S. W. Arrowood Aventte,_Lake Oswego,relinquished his
time to Sherry Patterson,
DRB Minutes of October 5, 1992
Page 4 of 6
9
gip 4e ri esntaitiye C U i I
said that LCDC Coals 1, 2, 5, 6, 7 and 12 had been violated, She stated that the City
had misconstrued the applicable law and acted inconsistently With the Comprehensive
Plan by failing to comply with the goverrtntental coordination requirements of State
Wide planning goals. Ms. Patterson submitted to the Board the TEMA`s Abatement of
Seismic Hazards to Life Lines Proceedings of a Workshop of Development of an
Action Plan, Volume 6, Page 105 under Public Tort Liability Issues and Community
Life Lines, Paragraph 1 and Paragraph 4 also submitted to the Board a copy of the
September, 1992 Floodplains and Wetlands Map; copies of the Federal Emergency
Management Data as well as Corp of Engineer Mapping; the Weak Soils and
Landslide Map of Lake Oswego, a seismic risk study done by the Lake Corporation
dated 1983; and the federal manual for identifying and delineating jurisdictional
wetlands. Ms, Patterson said that if the Board allows the development it will be in
violation of the environment and constitutional due process, Ms, Patterson said that
she would be submitting additional exhibits into the record within the 7 days.
rl F ifi r;3 1 2 .n i n i .h stated that on behalf of the
young people of Lake Oswego, she would like the Board to know that they really
enjoy going in the park and seeing the animals and plants,
pant wittinms, 19139 S,W, Redwing Cottrt, Lake Oswego,stated that Metro Green
Ask Spaces has specified this as a wonderful area and should be preserved, Mr. Williams
4111, said that he realizes the developer had met the requirements, however he was hoping
the Board would take a humanistic view point. Mr. Williams said that he feels the
area is due for a 100 year flood„ He stated that he diki 1,v t feet the dams in the river
were totally safe. He said that Oregon is due for a large 500 year earthquake. Mr.
Williams stated that if the developer had been a little more sensitive to the residents
and the natural dwellers of the area and submitted a plan with fewer homes there
would not be the public outrage. Mr, Williams submitted written testimony from his
wife.
ajlEgaltjfAVOR Ok+.` 9R 114
Kelly McCort In relinquished her time to
Mark Bautista.
Mark laautistaa. 4S00 S.W. Wes said that in regards to Exhibit
73#he concurs with the NRC recommendation regarding control of the mitigation
process for any wetland impacts,. Mr. Bautistat stated that the City should have the
ability to select the contractor to carry out the mitigation project and should have the
responsibility to see that the Impmtiw4 nents to the public property are carried out as
Dill) Minutes of October S, 1992 :,
Page 5 of 6
Aidi designed. Mr. Bautista said that the Canal and Canal Road is an attractive nuisance
and will increase,with any development. Mr. Bautista stated that major concerns he
nad were traffic control on Canal Road, litter control, vehicular access, erosion and
attractive nuisance and danger that already exist, Mr, Bautista made some
recommendations in regards to his concerns,
R113UTTA
i 11 m ` r f ` li n stated that they arc opposed to leaving the
record open. Is/Ir. Cox said that they would like some time to prepare their rebuttal,
Mr. Cox stated that they had made a proposal to the NRC and they would like some
time to meet with the NRC to discuss the issues.
Mr Sievert moved to continue the meeting to October 19, 1992 and to leave the
record open for public written testimony for 7 days and to have rebuttal on the 19th
limited to 20 minutes. Ms. Remy seconded the motion and it passed unanimously,
:YL GENERAL PLANNING
VI[. OTHER BUSINESS • Findings, Conclusions and Order
Ms. Remy moved to approve the Bindings, Conclusions and Order of DR 15=92,975
Mr. Foster seconded the motion and it passed with Mr, Foster, Chairman Stanaway
and Ms, Remy voting in favor, Mrs Steven abstained,
VIII,A11/JOURNMENT
The Dev„`loprnent Review Board meeting was adjourned at approximately 0:00
Respectfully Submitted
Ati.
Sheri C, Evald
Secretary
;j'
40. DI1B Minutes of October 5, 1992
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CITY OF LAKE OSWEGtD �,
Aim DEVELOPMENT REVIEW BOARD "`
Meeting of October 19, 1992
I. `., CALLTOORDER ER
Chairman Stanaway called the meeting to order at approximately 7;1O pm,
IL ROLL CALL
Board members present were Mr. Bloomer, Mr.Foster, Chairman Stanaway,Mr. Sievert,
Ms. Stiven and Ms. Remy. Mr. Fsilconi was excused.
III. APPROVAL OF MINUTES - none
410
IV. PETITIONS AND COMMUNICATIONS
The Board received a request from the applicant for DR 16.92 to continue the hearing'to
November 2, 1992 in order to address the issues identified in the October 9, 1992 staff
report. Mr. Foster moved to continue the hearing to November 1992,,, Ms, Stiven
seconded the motion. Mr. Bloomer, Mr.ck;tster, Clu in aan Stanaway, Mr. Sievert, Ms.
Stiven and Ms. Remy voted in support of the motid4.:.
Mr. Galante said that they had received a letter from Ryan O'Brien representing y
Blockbuster Video regarding DR 16-92 requesting additional time to' allow them to re-
design the building, ,,
Mr. Galante stated that the staff is recommending that the Board postpone the hearing
until November 2, 1992,
Mr. Foster moved to continue DR 16-92 to November 2, 1992. Ms. Stiven seconded
the motion and it passed unanimously.
V. PUBLIC BEARING
4111) PD 2-92/VAR 6.92(a-b), a request by Land Development Consultants for approval of
11
giika 5$-lot single family residential planned development and two variances,,including a
variance to LAX 44,390 ° ngth of Cul•de*sacs and 1)e ,,En4 Salts'. and a variance;
to 1ODS 49020(2)(a) 'Development,;within ' 'ctlands., The site is located south of
Childs Road and north of Dogwood Drive betwr410 Sycamoto Street and Canal Road
(Tax Lots 100 8c. 101 of Tax Map 1E 19AD and Tax lots 4000 ,6000 -700 800w
and 900 of Tax Map. 1 B 20BC) Staff coordinator is
Continued from October St 1992 for Applicant's Rebuttal and
Hoard eliberhtion
Ms, Stiven stated that she would not be sitting in review of this application because
she had missed the prior hearings and was unable to review the tapes,
Chaim-an Stanaway asked if there WaS any cx parat contacts or bins in regards to the
application: There wore none
Mr. Pishvaie stated that in Exhibit 171 the NRC was taking a neutral position in the
development,
Mr« Pishvalo said that the applicant's rebuttal contained four new pieces of
information: Attachment 5, a letter by Technical Engineering, Attachment 6, a cultural
resource reconnaissance of 'overview Park by
. Robert Kertor the otolost Attachment
lir 8, a letter by f 1-1t Riley of Land Development Consultants; Attachment 10, a letter
from William Cox the applicant's attorney,
Mr, Pishvaie briefly discussed what the new exhibits wexe, He recommended that the
Board continue the hearing until October,26, 1992'at :00 pan, In order to receive
additional testimony by the public on the new information listed in Exhibit 174, The
applicant slhi uld then have a few days to preps rebuttal on the informat on submitted
by the opponents and the Board should be able to hold the hearing on Noventber
1.9924
Chainuan StnnnWay asked the applicant if they could waive their 1 0 day rights. Mr.
Cox stated that they had waived the rights in previous hearings and:would do so main,
if needed,
Mr. Cox added to the record Page 3 of Attachment . Mr, Cox stated that on Exhibit
174, Page 6, Item 1, a sentence needs to be added to say "the right.offway should be
hold to 40' , Mr, Cox said that in the discussion with he IsIRC the developer had
agreed to pay the cost of the revised detailed design, however{ t eye would like to set a
maximum of$ S10 .
410 Diln Minutes of 10/19/92
Page 2 of 6
Torn Staten, stated that he and his wife had contracted to purchase a home in this area
within the last 10 days
and was unaware of these proceedings and would like to add
testimony to the record,
The Board discussed whether they should open the record to allow Mr. S aten to add
testimony.
Mr. Foster moved that the record remain closed on PO 2-92/VAR 8»92 (a-b.). Mr.
Sievert seconded the motion and it passed with Mr, Bloomer, Mr. Foster and Mr. ry,x
Sievert voting in favor, Mr. Stanaway and Ms.Remy voted in opposition.
7..
Mr. Foster moved to leave the pubic record open for written testimony for 7 days and
for the testimony to be limited to the information in Exhibit 171, 172, 173 and 174
and the applicant is to submit written rebuttal ott arty additional testimony received on
his new information by October 29, 1992 at 5:00 p.m. and to continue the hearing
until November 2, 1992, Mr. Sievert seconded the motion and it passed unaniniously,
DR 9.92(Mod. 8-92), a request by Touchstone Learning Center for approval of a
modification to DR 9.92 resulting in the following changes:
Ask a. Removal of Condition #9, which requires the applicant to provide a permanent,
Mr recorded parking agreement with Tanglewood Apartments,
b. A revised site plan showing all required parking to be on site.
The site is located at 2 Touchstone (Tax Lot 2200 of Tax Map 2 lE $BD). Staff
coordinator is Barbara,' molak, Assoein e Planners
Chairman Stanaway asked the Board if there were any ex parte contacts or bias in
regards to this application. Mr. Bloomer stated that he was not at the original hearing
when this application was approved and asked if he could sit in review of this
modification, Ms. Phillips stated that he would be able to sit l t review,
Staff
Ms. Smolak stated that this project was approved by the Board on 6/15/92 and as a
condition of approval the 13oard required the applicant to provide a recorded parking
agreement with the Tanglewood Apartments. PP
Ms. Smolak said that the u licastt
8 proposed that 20 of the 28 parking spaces required would be on site and the remainder
would be arranged with the adjacent apartment complex, Ms, Smolak stated that the
applicant was unable to secure the parking agreement and is therefore requesting
Dp,13 Minutes of 10/19/92
W. Page 3 of
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approval of the modification Ms. Smolak said that a revised-,site plan has been
sul)initte.,.1,,i)mvidiiI2 all 28 parking spaces on the site, Ms. Smoke stated that the
Engineering staff r+e uired the applicant to provide a traffic analysis, Exhibit 6.
Engineering Staff reviewed the traffic report and concluded that there would not be an
adverse traffic impact as,a results of this expansion. Staff finding that alt criteria'has
been met recommends approval of the modification.
Applicant, r,
UQb Evanson, Architect% said that they have reviewed staff recommendations and
conditions and are in agreement with both,
Mr. Evanson said that the changes requested are tltait\ the building be built in two
phases and that all the parking will be on site.
Propoperits » none
Opponents none
neither in support nor opposition » none
Rebuttal- none
pejibcn+tion
Ms. Remy asked the staff if bike racks had been addressed and if they were necessary.
Ms, Srnolak said that bike rucks were not addressed and they were not considered
because this is a daycare center and there isn't,a need for bike racks,
Ms. Remy stated that if the Board is going to require bike racks for some projects
then it should be a standard of the Board and should be required oniull projects.
Ms, ,Stiven moved to approve iaR 9.97(Mod 8-92) with conditions stated in staff
report, Mr. Sievert seconded the motign and it passed unanimously.
DR 17 92\PD 3-92, a request by 3, Zupanciclkiray Development for approval of a 54-
unit multifamily planned development. The site. is located at 5225-5335 Jean Road
(Tax Lots 3500, 3600, & 3700 of Tax Map 2 1E 18AC), Staff coordinator is
i . 'lo lyttlet pevelon R � ' r
Chairman Stanaway asked if there were any ex parte contacts or bias in regards to this
application. There were none.
Rl3of092 l7 Minutesl l~
Page 4 of 6
Altiff
Mr1110
s Pishvaie stated that the request is for approval of 4'5.2-unit multifamily housing
unit on 4.2 acres. Mr, Pishvaie said that Exhibit 17;.4 tru preservation plan was
submitted by the applicant, Mr, Pishvaie said that the project was zoned R,-1 and had
several:setbi„lzs, Mr Pishvaie said that lot coverage and building height standards arc
met by the°proposal, Mr, Pishvaie stated that staff recommends an arborist to be
present during construction, Mr, Pishvaie said that the applicant was proposing 7
parkin$ spaces in excess of the minimum requirement, Mr. Pishvaie said that the
public works staff feels the proposed driveway width is too wide and recommends a
maximum of 32', Mr .Pishvaie said that staff recommends approval with 26
conditions included in the staff work,
Applicant
Jim Zopartelc, 84€O pl^pkn.Ltme. Lae Oswego, stated that he and his4 wife arethe owners of
addressed their the
e ns\bout the pro ct and feels that the ic said that he has lack of oet With pposition sitionbors due
to their openness on this application, Mr, Zupaftcic said that they hied Charbonneau;
Engineering to assess what the traffic impact would be due to this project and they
concluded it would be minimal. Mr. Zupancic stated that he is being real conscious to
Aik save as many trees as possible, Mr, Zupancic said that this area has the lowest
INF student-teacher ratio in Lake Oswego.
Bruce Gray. lc, Arizonai, stated that nil stairways are
within the units, the garages are attached and the privacy concerns of the neighbors
had been met, Due to the linear narrowness of the site to protect privacy the balconies
were tucked into the building, Mr, Gray discussed the building materials being used
on this project. Mr. Gray said that the color scheme used would work well with
existing buildings in the area.
Ms, Stiven moved to approve DR 17*9 'fs 3- 2 with conditions. Mr. Foster
seconded the motion and it passed unanimously,
VI. GENERAL PLANNING
VII, OTIIER 73USINESS M rindingso Conclusions and Order
Mr. Foster moved to approve the Findings, conclusions and Order on DR 15•91, Ms
Remy seconded the motion and it passed..unanimously. Mr 'Rloontcr, and Mr. Sievert
Ali D1' 13 Minutes of 10/19/92
Page 5 of
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' 0 abstained.
VIII. M)JOURNNMENT
With no further business to come before the Developmental Review 13oArd the tooting
Was ad,,ot med at approximately 9^50 p.m. ii
Respectfully Submitted,
ii �` � � .,
hezi C. Evald
SecrSecretaryis
di'�`,
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